This can vary from case to case. When you meet with the lawyers of Froerer & Miles, we will help explain the timeline and provide realistic expectations.
Losing someone close is never easy. Being named an estate administrator or executor can complicate matters during a somber time.
A probate lawyer can ease the burden of this process so you can focus on what is really important: grieving the loss of a loved one.
The law firm of Froerer & Miles assists clients in Ogden, Layton, UT, and beyond through the probate process. We would be happy to discuss your needs and what we can do to make probate simple for your family during a free consultation.
What Is Probate? Do I Need a Probate Lawyer?
Probate is the court-supervised process of authenticating a last will and testament. Even if someone passes without a will, probate is still required to pay final bills and distribute the deceased person's estate. The size and complexity of the estate left by the decedent will dictate the amount of legal assistance you may need.
At Froerer & Miles in Ogden, UT, our probate attorneys can help executors (if there is a will) or administrators (if there is no will) locate and determine the value of a decedent's assets (including investments and real estate), pay final bills and taxes, and distribute the remaining estate to the rightful beneficiaries.
An estate with complicated issues such as numerous debts and assets will likely require the assistance of a probate and estate planning attorney. Estate planning on behalf of the decedent prior to passing can allow the process to go much more smoothly. In such cases, the executor is named in the will and is responsible for handling probate. If a will is not left, an Utah judge will appoint an administrator to oversee the probate proceedings.
Our Ogden, UT, firm will help protect your best interests through every stage of probate proceedings. We welcome clients from Layton, Clinton, Syracuse, and surrounding communities.
Consult a Knowledgeable Probate Lawyer Contact the Attorneys at Froerer & Miles in Ogden
Each of our probate attorneys has more than a decade of legal experience and a thorough understanding of both the informal and formal probate proceedings. We offer legal advice to estate administrators and executors and can answer any questions you may have regarding probate, including:
- Small estate affidavits
- Probate applications and petitions
- Waivers of Notice
- Renunciation statements
- Untitled property
- Letters Testamentary
- Creditors’ notices
- Court orders and statements
- Estate administration
- Heirship determination
- Contested will litigation
- Trust litigation
Our lawyers will protect your interests and keep the probate process moving forward. Our firm has provided the greater Ogden and Layton, UT, area with probate, estate planning, personal injury, and family law services for over six decades.
To schedule a consultation, contact us online or call our office:
"I would highly recommend this law firm." 5-Star Reviews for Our Probate and Estate Planning Attorneys
Just want to throw a big thanks to Bryce and Matthew for all their hard work and time they took during a probate case a year ago. As everyone knows probate cases are very emotional at least it was for me, they not only responded so quick every time I reached out and when I mean quick I’m talking about same day response, I’m which helped me feel more better about the case process. They have a high professionalism in what they do and I would highly recommend this firm to everyone. Thanks again.View on Google
When Judge Hall recommended that we seek legal representation for my mother's estate; we started our search to find an attorney to represent us (my brother and I). We worked with Matt and Kelly Miles to resolve issues with my mother's estate, trusts', etc. Matt and Kelly were up front on what the laws were, what could happen, etc. They listened to what we had to say, what our concerns were, they reviewed documents that we had, they did research, getting us thru several mediation sessions. We got things resolved. Kelly and Matt are the best! The whole staff is pretty nice. I would highly recommend this law firm.View on Google
Flat Fees and Free Consultations We Won't Add Unneeded Costs to Your Plate
Reasonable Fees and Probate Costs
Many fear the cost of probate proceedings. In the past, probate lawyers used to charge a percentage of the estate, but most contemporary probate attorneys now bill clients at an hourly rate or charge a flat fee.
At Froerer & Miles, we try to stick to a flat fee so you don't feel intimidated about escalating legal fees in a complicated probate case that takes time to resolve.
Free Consultations for Probate Issues
By offering free consultations for probate issues, Froerer & Miles in Ogden, UT, can help you make sure you choose the right team to meet your needs. We can answer your questions and offer our honest insight into your case.
Even if you do not hire our law firm, we'll be more than happy to help you understand some potential probate issues and point you in the right direction. Just meeting with us can save you time, money, and frustration.
Did You Know?
According to a 2024 survey, only 32% of Americans have a will in place.
By preparing this one document with the help of an estate planning attorney, you can save your loved ones a significant amount of time, money, and stress down the line.
What Are Intestate Estates?
An intestate estate occurs when a decedent does not leave a valid will. This may happen if they do not have a will written or if the will is not accepted by the probate court. The court can reject a will due to an heir successfully contesting the will or because of an error in the document. When families are left leaving the distribution of assets to the Utah courts, the importance of proper estate planning becomes clear. In such cases, the property of the decedent passes to the closest relative in an order determined by Utah law regardless of the final wishes of the decedent.
Avoid an Intestate Estate With Estate Planning
Proper estate planning does not have to be complicated. The lawyers at Froerer & Miles in Ogden, Utah, can help walk you through the estate planning process so that you can protect the future of your assets. Identifying your estate planning goals allows us to provide you with legal services tailored to suit your needs.
The court can reject a will due to an heir successfully contesting the will, or because of an error in the document.
Compassion, Courtesy, and Clear Communication "Made some difficult problems seem simple"
Excellent support and guidance. Professional and understanding. Matt, Logan and all supporting staff well done..View on Google
Worked with Matt to review a Trust with a good friend. Matt easily made some difficult problems seem simple and resolved a number other problems quickly.View on Google
Do You Need to Speak With a Probate Lawyer? Schedule a Free Consultation
Probate proceedings can be complicated, which is why it's so important to work with a probate attorney you can trust. The lawyers at Froerer & Miles have helped numerous clients in the Ogden and Layton areas and beyond with their probate issues. From the distribution of real estate and other assets to resolving disputes, our decades handling probate cases could be invaluable to you. If would like to book a free initial case review with our lawyers, contact Froerer & Miles online or call our Ogden, UT, law firm at:
Probate, Step by Step
Your attorney can begin the process of authenticating a last will and testament, if one is present. A judge will confirm that the will is valid during a court hearing, of which all beneficiaries will receive notice. It allows all parties concerned the opportunity to object to the will, which is especially important if someone is in possession of a more recent will.
During this time, an heir may object to the executor appointed in the will, which is why hiring a lawyer can be beneficial. An attorney acts outside of the family and can objectively move the process forward with the best interests of the estate in mind.
Appointing the Executor
Once the will is authenticated, the judge will appoint an executor to oversee the probate process and settle the estate. The executor will receive legal documents that allow them to act and enter into transactions on behalf of the estate. These documents may be referred to as "letters of testamentary," "letters or authority," or "letters of administration."
If a will is not left by the decedent, the court will appoint the next of kin as the administrator of the estate. This is typically a surviving spouse or adult child. This individual is not obligated to serve and can decline the appointment.
A lawyer from Froerer & Miles in Ogden, UT, can act in the capacity of executor or administrator instead, attending all court dates so that you can focus on working through your recent loss.
Before accepting the letters, it may be necessary for the administrating lawyer to post bond on behalf of the executor. This acts as an insurance policy to protect the beneficiaries from financial damages the estate may suffer due to intentional or unintentional errors on behalf of the executor. Your attorney can ensure the process is followed by the letter of the law so the estate is handled properly.
Our next task is locating and taking possession of all the decedent's assets, which can involve a bit of detective work. At this stage, a lawyer can be invaluable.
The hunt for assets typically involves a thorough review of insurance policies, tax returns, and other such documentation. Acting as executor or administrator, a lawyer will protect any real estate by ensuring mortgages and property taxes are paid and insurance is kept current.
Other physical assets, like vehicles and collectibles, may end up in the possession of the executor for safekeeping. Statements and documentation relating to bank accounts and investments will also be collected and kept in a secure location during this time.
Appraisals and Determining Value
The value of the deceased person's assets on the date of death must be determined to provide an accurate account of the estate. This is usually accomplished through evaluating account statements and appraisals to determine monetary value. A comprehensive list of the deceased person's property and personal effects will then be submitted to the court. This report will state each asset's value and how the appraiser arrived at the respective value.
Determining and Informing Creditors
Creditors of the decedent must be identified and notified of their death. Publishing a notice of the death in a local newspaper can alert creditors so that any unknown debts can be identified by the administering lawyer. After receiving notice, creditors have a limited period of time to make a claim against an estate for any money owed.
A probate attorney from Froerer & Miles can prove invaluable at this stage of the probate process, as an executor can reject claims if they believe they are invalid. The creditor is then allowed to petition the court to have a probate judge decide the legitimacy of the claim.
Payment of Debts
Once all debts are accounted for, creditor claims are paid. Your probate lawyer will pay all the decedent's debts and final bills using estate funds.
Preparation and Filing of Tax ReturnsYour lawyer will file the decedent's final personal income tax returns for the year in which they passed away. We will determine any estate tax liabilities and file the estate tax returns, if needed. Estate funds will be used to pay any due taxes. Liquidating assets from the estate may be a necessity to raise the capital needed to pay owed taxes.
Distribution of the Estate
Once all preceding steps are completed, your attorney can petition the court for permission to distribute the remaining assets to the benefactors named in the last will and testament. Your lawyer can provide a complete accounting of every financial transaction during the probate process. Once the courts grant permissio, the estate can be distributed to the beneficiaries.
If minors are included in the bequests of the will, the law firm of Froerer & Miles can help set up a trust to accept possession of the assets. A trust is necessary since minors cannot own their own property.
"We couldn't be more satisfied."
Froerer & Miles were recommended to us by our friends, and we have been very pleased with our estate planning experience there. The whole process was smooth, personable, easy and efficient. Matt Miles and the staff were very helpful, knowledgeable, detail-oriented and a pleasure to work with. They were willing to make last-minute changes on the spot and were answering all our questions so we can fully understand the trust details. The price was also very reasonable. Definitely recommend and will use them again in the future if needed.View on Google
We worked with Bob Froerer to create a Revocable Living Trust to replace our outdated last will and testaments. Bob could not have been more helpful and patient, nor could he have made the whole process any easier. He expertly explained all the complex legal issues involved. After doing all this he even reviewed my mother-in-law's complicated trust and explained it to us. We couldn't be more satisfied in the services rendered by Bob and his front office team.View on Google
Our Lawyers Want to Hear from You Serving Northern Utah Since 1959
At Froerer & Miles in Ogden, our attorneys work hard to earn your trust and protect your interests. Your attorney will keep the probate process moving forward while you focus on spending time with loved ones. Our lawyers provide guidance and representation to families and individuals in Ogden and throughout northern Utah regarding the confusing and often overly complicated process of probate.
Our firm offers a wide range of services that can help families, including estate planning and family law. We can help you set up a trust, living will, and guardianships, as well as plan for future probate and estate administration.
To schedule a consultation at our Ogden, UT, office serving Layton and surrounding communities, contact us online or call:
A Client Shares Her Experience
We had our family revocable trust finalized and completed!
What a relief! After many years of postponing, pondering, and
researching, we finally asked Froerer & Miles to help us.
It went very smoothly, and the legal terms were explained to us.
We were so relieved to have this taken care for our children.
Thank you so much for making this procedure so simple for us.
The cost is reasonable and is well worth the service.
I would recommend Froerer & Miles to anyone
who has concerns about talking to a law firm about
settling this important financial matter. Thanks so much! Danielle S, 5-Star Review
How long does the probate process take?
What does "reasonable fees" mean when it comes to probate lawyers?
Reasonable fees mean that our probate attorneys will charge a flat fee for services when possible. We will not charge a large percentage of the estate.
Do trusts go through probate proceedings?
No, a trust does not go through probate court, but other assets do.
People might think that since their parent had a trust, an attorney is not necessary, but there are rules and Utah codes that tell a trustee what they have to do, like send a copy of the trust to all beneficiaries. This is just one of many, many, steps to follow. Too often, the trustee in charge ends up getting in a bind. Having a skilled lawyer familiar with wills, trusts, and probate cases is always important following the passing of a family member.